1. Home
  2. Browse Decisions
  3. P.3d
  4. 92 P.3d
  5. 92 P.3d 192 (2004)
 

OTANI EX REL. SHIGAKI v. BROUDY

No. 73531-0.

92 P.3d 192 (2004)

151 Wash.2d 750

Yaeko OTANI, Deceased, through her personal representative, Pauline SHIGAKI, Petitioner, v. David R. BROUDY, M.D., Respondent.

Supreme Court of Washington, En Banc.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Dwayne A. Richards, Reed Philip Schifferman, Stritmatter Kessler Whelan et al., Seattle, Paul Lester Stritmatter, Garth Jones, Ray Kahler, Stritmatter Kessler Whelan et al., Hoquiam, for Petitioner.

John Colman Graffe, Johnson Graffe Keay Moniz & Wick LLP, Seattle, Jane Elizabeth Clark, Hoffman Hart & Wagner LLP, Portland, Daniel W. Ferm, Mary H. Spillane, Williams Kastner & Gibbs PLLC, Seattle, for Respondent.

Debra Leigh Williams Stephens, Bryan Patrick Harnetiaux, Spokane, for Amicus Curiae Washington State Trial Lawyers Assoc. Foundation.

JOHNSON, J.

This case involves a survival action arising out of the wrongful death of a decedent caused by medical negligence. The issue we must resolve is whether damages are available to an estate for a decedent's loss of enjoyment of life (LOEL) under RCW 4.20.046(1) or RCW 4.20.060, Washington's survival statutes. Division One of the Court of Appeals reversed a trial court award of $450,000 for LOEL to the decedent's estate. We affirm the Court of Appeals.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases